Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2006 (9) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2006 (9) TMI 594 - SC - Indian Laws

Issues:
1. Dispute over the legality of altering terms of a Will.
2. Application for restoration of property under the Goa Administration Evacuee Property Act, 1964.
3. Disputed title of properties between heirs.
4. Jurisdiction of the Civil Court and the Administrator under the Act.

Analysis:
1. The case involved a dispute over the alterations made to a Will by Dom Jose Joaquim de Noronha regarding his disposable quota of properties. The legality of these alterations was contested, leading to a series of legal proceedings spanning several decades.

2. The Goa Administration Evacuee Property Act, 1964, and its relevant provisions under Section 15 were central to the case. The Act outlined the process for restoration of evacuee property to claimants or heirs, involving applications, inquiries, and the authority to make decisions regarding property restoration.

3. The issue of disputed title of properties arose between different heirs and claimants, leading to conflicting claims and legal battles. The High Court and the Civil Court were involved in determining the rightful ownership of the properties in question.

4. The jurisdiction of the Civil Court and the Administrator under the Act was a key aspect of the judgment. The Supreme Court emphasized the role of the Civil Court in determining disputed titles and the need for proper legal procedures to be followed in cases involving property disputes under the Act.

In conclusion, the Supreme Court allowed the appeal and issued directions for expeditious disposal of the pending civil suit, emphasizing the role of the Civil Court in determining disputed property titles. The judgment highlighted the importance of following legal procedures and ensuring all parties have a fair opportunity to present their case in property disputes governed by the relevant legislation.

 

 

 

 

Quick Updates:Latest Updates